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Burundi: AFEX welcomes the lifting of the ban on BBC

The African Freedom of Expression Exchange (AFEX) welcomes the decision of the Burundi media regulator, the National Council of Communication (CNC), to lift the ban on the British Broadcasting Corporation (BBC) services in the country and calls on the government to also lift also the sanction on Voice of America (VOA).

After almost three years of suspension of the BBC in Burundi, the CNC announced on March 30, 2022, that it has reached an agreement with the media outlet to lift the ban.

“We have decided to allow BBC Radio to reopen from today. The CNC had suspended BBC Radio for professional misconduct, and then on the recommendation of the President of the Republic Évariste Ndayishimiye; the CNC should sit down with the sanctioned media outlet to settle the problems once and for all,” said CNC president Vestine Mbundagu.

Both BBC and VOA, were suspended from broadcasting in the country on May 2019, following some critical publications on alleged incidents of human rights abuses under the late President Pierre Nkurunziza. The authorities accused the two international media houses of spreading falsehoods.

While the inauguration of the incumbent President was greeted with a glimmer of hope for press freedom, not much has changed in the media landscape, as the country is still ranked as not free by Freedom House. Several journalists have imposed self-censorship on critical issues, out of fear for their life, and retaliation.

On August 19 and 31, 2021, President Evariste Ndayishimiye, in a public address, verbally attacked Esdras Ndikumana, a journalist and correspondent of the French public international radio station, RFI over critical media reportage on COVID-19. He also verbally attacked another journalist, Antoine Kaburahe, founder of the privately-owned media, Iwacu.

Burundi has a notorious record of crackdowns on press freedom, with several journalists exiled following the foiled coup d’état attempt of 2015.

The authorities are yet to come up with any report of thorough investigation into the disappearance of journalist Jean Bigirmana in July 2016.

While AFEX welcomes the lifting of the ban imposed on BBC, we are, however, of the view that Burundian authorities must demonstrate more commitment by upholding and respecting press freedom and freedom of expression.

AFEX calls on Ethiopian authorities to drop all charges against journalists, repeal the country’s anti-terrorism law

The African Freedom of Expression Exchange (AFEX) welcomes the release on bail of journalists Amir Aman Kiyaro and Thomas Enigda, and calls on the Ethiopian authorities to drop all charges against them.

Amir Aman Kiyaro and Thomas Enigda of the Associated Press were arrested on November 28, 2021, by Ethiopian security forces on terrorism charges.

The journalists were detained under Ethiopia’s Proclamation on Anti-Terrorism of August 2009. The security forces alleged that the journalists were promoting a terrorist group. That was the grounds for their arrest and illegal detention.

According to this Ethiopia Anti-Terrorist Law, if the journalists are found guilty, they risk up to 15 years of a prison sentence.

Following a suit filed by the legal counsel of the journalist, a court on March 29, 2022, granted Kiyaro and Enigda bail. But the fate of journalist Negera, is not clear.

AFEX condemns the arrest and illegal detention of the journalists, and all attempts to muzzle and intimidate journalists in Ethiopia.

Although Amir Aman Kiyaro and Thomas Enigda have been granted bail, they still may face the risk of further legal persecution if the Prosecutor proceeds to press charges against them. AFEX, therefore, calls on the authorities to drop all charges against the journalists, end the illegal, and arbitrary detention, and allow journalists to do their work free from fear and threats.

AFEX also urges the authorities to repeal the Anti-Terrorism Law, under which at least three journalists, Tamerat Negera, Dessu Dulla, and ONN reporter Bikila Amenu, are being detained.

Nigeria: IPC decries attacks on Journalists; Calls for immediate investigations

The International Press Centre (IPC) Lagos-Nigeria is concerned about the recent attacks on two Abuja based journalists of Punch Newspapers; Amarachi Orjiude and Solomon Odeniyi.

Reports from the Punch Newspapers specified that Orjiude was picked up by kidnappers in Chika, Lugbe, around 12pm on Sunday while Odeniyi was robbed around 2am on Saturday in his Lugbe residence of Abuja.

Orjiude who faced death threats from the kidnappers was robbed of her money and phone, likewise, Odeniyi who was cut severally with a matchette by the robbers was also robbed of his phones, money and belongings.

IPC Executive Director, Mr. Lanre Arogundade, in a statement said that the state of insecurity in the Country has become extremely worrisome.

He added that in a country where press freedom is under attack, journalists and media workers now face the additional threats of kidnappings and robbery attacks.

He pleaded with security operatives and relevant authorities to thoroughly investigate the criminal attacks, and prosecute the perpetrators for their crimes as a step to reducing the worsening state of insecurity in Nigeria, while concerted efforts should be taken to ensure that the stolen belongings are returned.

IPC therefore appeals to security operatives to escalate investigations into these crimes.

SGD:

Olutoyin Ayoade

Communications Officer, IPC

Uganda: Army officers arrest staff of television station

Kampala, 11th March, 2022; Security officers attached to Uganda Peoples Defense Forces (UPDF) on 10th March 2022 raided the Alternative DIGITALK TV an Online television and arrested  nine (9) of its staff.

Sources have told Human Rights Network for Journalists-Uganda (HRNJ-Uganda) that studio equipment such as cameras and computers were taken as well as the station’ mobile van.

The nine arrested staff include the Executive Director  Tumuhimbise Norman, Mukose Arnold (Programs Director), Faridah Bikobere (TV Host), Jeremiah Mukiibi (Producer), Tumusiime Kato (Production), Tulyahabwe Roger (Production), Nabukeera Teddy Teangle (Presenter), Lillian Luwedde (presenter) and Wabyona Jeje Jacob (Media  intern student from Uganda Christian University)

The reason for their arrest is not yet known. HRNJ-Uganda  spoke to the Criminal Investigations Directorate (CID) Spokesperson Charles Twiine who denied any knowledge of the raid and arrest of the DIGITALK TV staff.  The army spokesperson, Brig. Gen. Felix Kulayigye also denied being aware of the arrest, “I am not aware of such a thing. Is there any controversial programme they did recently? Kulayigye asked HRNJ-Uganda during an interview. The whereabouts of all the nine staff remains unknown after a long day of their search by the HRNJ-Uganda team.

Meanwhile, on the same day, twelve (12) plain clothed men presumed to be security operatives raided Vision Group Offices in Kampala for about three hours. It is alleged that the security operatives wanted to arrest Lawrence Kitatta, a Bukedde journalist for unknown reasons.

During an interface with the HRNJ-Uganda team Friday morning, Kitatta explained that he is in fear for his life since he does not know the motive of the said security personnel.

He revealed that his trouble started when he went to cover a protest staged by torture victims at the Deputy Speaker’s (Anita Among) residence in Kololo on 21st February 2022 where he was assaulted by security officers and his camera and laptop destroyed in the process. He noted that ever since he covered the protest, he has been receiving threats from unknown people.

He opened up a case of threating violence at Jinja Road Police Station vide GEF 14/2022 on 3rd March 2022.

“We condemn the act of security operatives raiding the DIGITALK Offices and subsequently arresting all the staff at the premises and detaining them incommunicado. The security should make public their whereabouts and produce them in court as soon as possible so that justice prevails. We also urge the Uganda Police Force to expeditiously investigate Kitatta’s case of threatening violence to bring the perpetrators to book.” Said the HRNJ-Uganda Executive Director, Robert Ssempala

MFWA, 15 other press freedom organisations petition President of Guinea Bissau to fight impunity

The Media Foundation for West Africa (MFWA) and its partner press freedom organisations from fifteen West African countries have petitioned President Umaro Sissoco Embalo of Guinea Bissau to personally intervene to help improve press freedom environment in that country and combat impunity for crimes against journalists.

 

The petition was dated February 10, 2022, and was delivered physically and by mail to the President on February 15, 2022. The action followed a number of recent attacks on press freedom in Guinea Bissau, the highpoint of which was an armed attack on a radio station in the capital, Bissau on February 7, 2022. In the said incident, a group of men in military uniform raided the premises of the Bissau-based radio station, Radio Capital FM, and destroyed practically all equipment at the facility. The hooded attackers, most of them in military uniform, fired several shots in the studios and offices, forcing the terrified staff to flee. One of the victims of the attack, journalist Maimuna Bari, is in coma with severe rib and spine injuries.

 

The attack occurred hours after the station had broadcast a programme discussing the failed February 1, 2022 coup attempt and offered listeners the opportunity to comment on the fatal incident. Another group of armed officers later attacked the home of one of the panelists of that programme, Rui Landim.

 

The petitioners expressed deep concern about the involvement of security personnel in the attacks and asked the President to personally ensure that the attacks are thoroughly investigated and justice served.

 

The 16 organisations also condemned the January 1, 2022 coup attempt in Guinea Bissau. “We are firm in a conviction that what is needed for the development of Guinea Bissau and its people is a thriving, sustainable democracy in which the fundamental rights of people are respected and protected. We, therefore, will, under no circumstances endorse a military takeover of governance,” the petitioners affirmed.

 

Among other requests, the petitioners urged President Sissoco Embalo to ensure that Radio Capital is offered every support necessary for it to resume broadcasting as soon as possible and to beef up security presence at the radio station to ensure adequate protection for the media organisation and its staff.

Read the full petition here

Statement on the recently reported internet throttling in Zimbabwe

Internet access should be guaranteed at all times and most importantly during election periods such as the by-elections slated for 26 March 2022 in Zimbabwe.

NetBlocks, an internet usage watchdog, on 20 February 2022 reported that there was internet throttling in Zimbabwe which limited live-streaming and access to online content.

While there has not been any official communication from Internet Service Providers on the cause of the restricted access, several internet users in Zimbabwe said they had challenges accessing the internet on that day.

This happened on the day the recently launched opposition Citizens Coalition for Change, held its star rally in Highfield, Harare. The ruling Zanu PF also had a similar rally in Marondera, Mashonaland East Province, on the same day and ahead of the March by-elections.

Service was degraded for users receiving internet access from service providers such as ZOL, Telecel Zimbabwe, NetOne Cellular, Liquid Telecom, TelOne and Utande.

In Zimbabwe, the internet has been throttled before as experienced during the total internet shutdown in 2019.

Trends in Africa, as was noted recently in Nigeria, Tanzania, Eswatini, Zambia, Democratic Republic of Congo, Cameroon and Uganda, show that governments tend to restrict access to the internet or access to specific online platforms during elections.

MISA Zimbabwe, therefore, urges the authorities in Zimbabwe, including the Ministry of Information Communication Technology, Postal and Courier Services and the regulator, the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) to jealously guard the openness of the internet and improve the quality of service.

The revised African Commission on Human and Peoples’ Rights (ACHPR)’s Declaration of Principles on Freedom of Expression and Access to Information in Africa, clearly states the need to promote access,  security, stability and resilience of the internet.

This will enable the exercise of other fundamental rights such as freedom of expression, freedom of association, media freedom and access to information which are constitutional rights in Zimbabwe.

States also have obligations to protect the same rights in terms of the Universal Declaration of Human Rights and the African Charter on Human and Peoples’ Rights.

This will also be in line with implementation of the recommendations proffered to Zimbabwe during the recent 40th Session of the Universal Periodic Review that the same rights protected offline, should equally be protected online.

Further, in this election season, it should be noted that internet access is critical for access to election-related information which is crucial in enabling Zimbabwean citizens to exercise their political rights and make informed decisions and choices.

In that regard, any alleged restrictions on the internet will therefore impact on the freeness and fairness of the nature of elections in Zimbabwe.

AFEX condemns South Sudan clashes, calls on authorities to promote the safety of journalists

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On February 10 and 11, 2022, a team from the Association for Media Development in South Sudan (AMDISS), a member of the African Freedom of Expression Exchange (AFEX) network, was caught up in a bloody armed conflict that nearly resulted in their death.

The African Freedom of Expression Exchange (AFEX), condemns the violent clashes between the Agok and Abyei communities, in the Western Bahr el Ghazal State, some 800 kilometers from the capital, Juba, and urges that the South Sudan authorities ensure the protection and safety of journalists and media defense organisations in the country.

The AMDISS team led by Michael Duku, was in the area to deliver capacity building training to the media and journalists when they were caught in the crossfire during the bloody clashes.

According to media reports, the conflict erupted between youths from neighboring Twic County of Warrap State over ownership of the Aneet market located between Twic and Abyei areas. Six persons were reported killed, and several others injured.

Narrating his ordeal, AMDISS Executive Director, Michael Duku said that his team was trapped in the conflict zone and had to take refuge until they were rescued by the United Nations Forces, called UNHAS stationed in Abyei. The victims were seized with panic and trauma.

”It started as skirmishes nearby, but little did we know that it could suddenly develop into a serious armed conflict where houses and markets were razed down, people were killed and heavy artillery fired. We got ourselves caught up in that situation but thank God the UN rescued us later and evacuated us to Juba, said Duku to an IFEX staff.

The ill-fated incident that happened to Duku and his team, is not, however, an isolated case. It underlines the difficult and insecure sociopolitical context in which media and journalists find themselves while carrying out the work of public information in South Sudan.

South Sudan has a volatile security environment and the country is engulfed in lingering instability, as it tries to recover from a devastating civil war, amidst frequent inter-communal clashes.

In an unrelated incident that happened on the same February 10, thousands of miles from South Sudan, the head of another IFEX member organisation was harassed by security forces. Lanre Arogundade, Executive Director of the International Press Centre, in Nigeria, was unlawfully detained and harassed by the State Security Service (SSS) upon his arrival at the Murtala Muhammed International Airport, in Lagos. Arogundade had returned from Banjul, The Gambia where he had delivered training to journalists. The security agencies detained and interrogated him for two hours about his work.

The African Freedom of Expression Exchange (AFEX) condemns any armed conflict and the one that nearly took the life of the AMDISS team.

We call on the authorities of South Sudan to ensure the safety of journalists and media organisations that are working to strengthen the capacity of the media and journalists in South Sudan.

This call is important in view of the vital role of the media in the transitional process in the country, and in the consolidation of peace and democracy in the country.

Radio presenter risks losing hearing after brutal police assault

A group of police officers on February 3, 2022, brutally assaulted Eric Nana Gyetuah, a radio presenter with Connect FM based in Takoradi, capital of the Western Region of Ghana, leaving him with a damaged eardrum.

The victim, who is also the producer of Connect FM’s morning show, had gone to eat lunch at a local restaurant at Pipe Ano, a suburb of Takoradi when a group of armed men in plainclothes came in together with some suspects in handcuffs. The scene frightened some of the people in the restaurants with a few leaving in panic. The suspects who managed to eat while still in handcuffs went out ahead of the escorting security officers.

Intrigued by what had attracted a lot of curious eyes, Nana Gyetuah started filming the suspects from a discreet distance and location at the car park. He was in the process of filming when one of the security officers accosted him and asked him to surrender his phone.

“I refused his request because I did not know what he wanted to do with the phone. Then he started assaulting me before calling his colleagues to join in the assault,” Gyetua narrated to the MFWA.

The victim eventually surrendered the phone after enduring a blitz of kicks, slaps, and smashes with the butt of the gun. The police then threw their bleeding victim into the bucket of one of their pick-up vehicles and drove him away to the Police station.

The assault left Gyetua with a bloated face and tattered clothes with some discharges dripping from his ears.

The police accused Gyetua of unlawfully taking pictures of the suspects and pressed public order charges against him. He was detained for four hours before being released on bail after the intervention of the Management of Connect FM.

The presenter received treatment at the Effia Nkwanta Hospital in Takoradi with a medical form issued by the police. Doctors at the regional hospital referred him for specialist treatment at a medical facility in Accra. Gyetua told the MFWA doctors fear he could lose the use of his right ear as the eardrum has been affected.

Meanwhile, the radio presenter says from the Inspector General of Police (IGP), Mr Akuffo Dampare has called to sympathise with him and assure him of a thorough investigation into the matter. Following this, The Director-General of the Police Professional Standards Bureau (PPSB), ACP Ms Lydia Yaako Donkor, got in touch with the journalist and directed him to the PPSB of Western Regional Police. He was invited to write a statement on February 12, but decided, upon his lawyer’s advice, to pick the form and return the completed form later.

 This is the second time in three months that a presenter at Connect FM has had trouble with the police. On November 1, the host of the station’s morning show, Nhyiraba Paa Kwesi Simpson was detained on charges of causing fear and alarm. This was after a listener called into the morning show and made a claim (which was later found to be false) that his girlfriend had been kidnapped.

The Media Foundation for West Africa condemns the brutal police assault on Nana Jetuah and urges the IGP to ensure that his promise to get the matter investigated is fulfilled with justice done. We are appalled at this umpteenth police abuse of a journalist for filming their activities. Unless they obstruct police operations, journalists and citizens break no law in filming police operations carried out in public. The police authorities must therefore call their officers to order in that regard.

AFEX demands more capacity building for radio stations to deliver credible information

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Today, the world is observing the 11th Celebration of World Radio Day. The event was initially proclaimed in 2011 by UNESCO, and a year after, adopted by the United Nations General Assembly as an International Day, February 13 became World Radio Day (WRD).

On this important occasion which is being celebrated under the theme: ‘’Radio and Trust,’’ the African Freedom of Expression Exchange (AFEX) Network, takes the opportunity to highlight the importance of radio, as a trusted source of information in Africa, particularly in this era of disinformation.

As of May 2021, the African population was estimated at around 1.37 billion people, with Nigeria, Ethiopia, and Egypt being the most populated countries. According to a study conducted by Kantar, 62% of people surveyed in eight countries across Sub-Saharan Africa spent time listening to the radio for 2 hours 09 minutes a day.

When it comes to trusted sources of information, radio emerged as the most trusted source of information in Africa.

When the COVID-19 pandemic erupted and most countries in Africa imposed restrictions, which among others, limited the free movement of people, a chunk of the population, particularly those living in rural areas, where access to digital devices are limited, found a trusted companion in radio to access information and make informed decisions about the pandemic.

For millions of these people, the only source of credible and reliable information was radio.

”Radio goes where newer technologies cannot. It is an extremely effective way of delivering information in rural and remote areas where information can educate, and even save lives in emergencies such as the current pandemic. Listeners are tuning into radio stations to receive the latest news and recommendations on how to prevent the spread of COVID-19.  As radio is more affordable than other forms of technologies, together with the growth of community radio, information and culture become more accessible to all”, read a statement of ITU, the UN Specialised agency for ICTs.

Despite, the increasing penetration of digital media platforms on the African continent, with massive use of digitally-enabled devices such as smartphones, radio is still enthroned as the widest source of information in Africa, with the largest possible outreach.

But, with the increasingly widespread phenomenon of what is termed as ‘’infodemic’’, the challenge of staying relevant and trustworthy has become extremely keen among the media including radio. The plethora of information circulating by the minute, some of them contradictory, has created a credibility challenge for the media. While the phenomenon of the proliferation of fake news appears to have shaken the foundation of trust in the industry and undermined the media’s constitutional mandate to serve as of counter-check to power and demand transparency and accountability from duty bearers.

But it is a challenge that radio has largely lived up to mainly due to its proximity with its community, the use of local language, the opportunity it offers its audience to participate in discussions through phone-ins and its ability to break literacy barriers.   

Mr. Edetaen Ojo, the Executive Director of Media Rights Agenda (MRA) in Nigeria and Chair of the AFEX Steering Committee, said: “Despite advances in information and communication technologies, the radio, in its different forms, remains a trusted and most accessible medium of communication for millions of people on the African continent and beyond, giving them a voice and serving as a veritable source of information.  It is therefore imperative that Governments and other stakeholders continue to preserve and strengthen the radio to play its many different roles in society through technological development, appropriate regulatory frameworks, public awareness activities and the injection of necessary resources for sustaining its operation.”

On this occasion of World Radio Day, therefore, AFEX celebrates the invaluable role radio has played to enrich lives by highlighting development challenges for redress, educating the public about their rights and responsibilities, calling duty bearers to account and enlightening and informing the public, especially during emergencies like the COVID-19.

In this regard, we call on the governments across the continent to strengthen the capacities of media workers, particularly radio stations to enable them deliver credible information to the public.

We also demand that governments desist from the alibi of trusted information by hiding behind the fight against fake news, to adopt repressive legislation and policies that stifle the media.

Lastly, governments should ensure that the issuance of FM frequencies is done in a transparent manner and in a way that enables all shades of opinions, cultures, and interests to give effect to the right of citizens to access to information.

MFWA condemns attack on Radio Ada, demands prosecution of perpetrators

The Media Foundation for West Africa (MFWA) roundly condemns the attack on the Radio Ada (93.3 FM), a community radio station in the Greater Accra region of Ghana and demands immediate investigations and prosecution of perpetrators.

A group of thugs numbering about 12 on January 13, 2022, stormed the premises of the community radio station, assaulted two of its journalists and vandalised equipment.

A journalist at Radio Ada who is also the External Communications Officer of the media house, Julius Odoi, told the MFWA that the hoodlums invaded the station at around 11:45 am (GMT) after a drinking binge at a nearby drinking bar. They demanded to see the Manager and when told by the security guards that he was not available, the intruders forcibly entered the building. They broke the studio door and caused mayhem. According to Odoi, the thugs ordered Gabriel Korley Adjaotor, who was presenting a music programme, to stop his presentation.

“Before the presenter could react, they disconnected cables, smashed computers and attacked the console and microphones, disrupting the broadcast in the process,” Odoi told the MFWA in a telephone conversation.

After upsetting the studio, the thugs assaulted the presenter amidst warnings to the station to stop its Manor Munyu programme, a regular feature that discusses the state of the salt mining industry, the mainstay of the Ada economy.

The invaders who had come carrying bottles of alcohol, also forced another journalist, Gideon Amanor Dzeagu, to kneel for several minutes while they proceeded to turn the whole premises into a mess by breaking their bottles and littering the place with alcohol and shards.

The thugs assaulted journalists at the radio station and vandalised equipment at the studio.

The Ada Songhor programme is highly critical of the operations of Electrochem, the firm accorded the rights to mine salt in the Songhor Lagoon. Electrochem has in the past had to write to the Management of the radio station to complain about alleged misrepresentations about its operations and demand an apology. There is, however, no indication that the attackers are linked to the salt mining firm.

 

Meanwhile, the presenter, Gabriel Korley Adjaotor, is said to be responding to treatment, having been rushed to the District Hospital for attention.

The Ada District Police Commander, DSP Andreas Mifetu, confirmed to the MFWA in a telephone chat that his outfit issued a medical form to the presenter after the station reported the assault.

The Police chief also confirmed that a team of officers have been dispatched to the premises of Radio Ada to verify the incident, as part of investigations.

The management of the radio station, in a statement, has announced that the station will shut down for a few days to enable it to review and repair the extent of the damage caused.

Radio Ada has a reputation for critical reports which hold the powerful to account. On August 2, 2018, the police stormed the station in search of one of its radio presenters, Joseph Korletey Korley, popularly known as DJ Koxterio. The journalist had angered the chiefs of the traditional area by demanding that they account for the funds raised at the annual cultural festival, Asafotufiami.

The MFWA vigorously condemns this shameful attack on Radio Ada and its staff by the cowardly hoodlums. It is a vicious attack that seeks to silence the media house and instil fear in journalists. We are confident that the station and its staff will continue to stand firm in service to the public and demand that the authorities take measures to provide them with the needed protection. We urge the police to conduct thorough investigations into the incident and bring the perpetrators to book.

 

Gambia’s Journey to Access to Information Legislation, and the uncertain road ahead

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On July 1, 2021, the National Assembly of The Gambia passed into law the Access of Information Bill.  The change of government in 2016 promised greater transparency and accountability in the way public affairs are handled. Yet, the process of achieving this has been slow and difficult.

However, in what underlines the commitment of the government and people of The Gambia to consolidate democracy, the rule of law and transparent governance, the Access of Information Law has finally been passed. Like Ghana’s RTI law which suspended implementation for one year in order to lay the enabling administrative structures, The Gambians are also being cautious not to rush things. They have given themselves two years to fine-tune the administrative and logistical set-up for an effective implementation of their ATI Law.

AFEX’s member in The Gambia, Gambia Press Union, has put together a report documenting the process leading to the adoption of the ATI Law in The Gambia. It also analyses the uncertain future with regards to the implementation of the provisions of the ATI legislation. It flags the lack of adequate information officers at government ministries and departments as well as the absence of data centres to facilitate the gathering, storage and dissemination of information.

Click here to read the full report.

MFWA denounces conviction of journalists Patrice Gbaguidi, Hervé Alladé

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The Media Foundation for West Africa (MFWA) welcomes the release of Beninese journalist Patrice Gbaguidi and Hervé Alladé, owner of the media outlet Le Soleil Bénin Info, who have been in pre-trial detention since 18 November 2021. The MFWA calls for the cancellation of all charges against the accused who were sentenced on Tuesday, 7 December 2021, to six months’ suspended imprisonment and a fine of 500,000 CFA francs.

In a case that shows the imponderable threat posed by Benin’s new digital code, journalists Patrice Gbaguidi and Hervé Alladé, who is also the owner of the media outlet, have been thrown into prison over a story they published on August 25, 2021, about Colonel Marcellin Laourou, head of Benin’s Customs service. They are charged with “harassment through electronic communication,” an increasingly familiar accusation the authorities level against critical publications online.

Authored by Mr Gbaguidi, the said article, reported on a private land dispute between Colonel Laourou and a woman and accused the former of “Illegal occupation of an access road to Godomey Togoudo”.

The two were summoned and interrogated by the Central Office for the Repression of Cybercrime (OCRC), following a defamation complaint by Colonel Laourou over the article. A week later, on November 18, 2021, the two were thrown into detention after appearing before the public prosecutor.

A few hours before the interrogation, Patrice Gbaguidi had posted an alert on his Facebook account about the summon.

“Following to my article published in the newspaper LE SOLEIL BÉNIN INFO on the 25th of August 2021, the customs officer Marcellin Laourou, judging it defamatory, has filed a complaint to the Central Office for the Repression of Cybercrime. In this regard, after my interrogation last week, I am summoned this Thursday, November 18, 2021, at 8:00 a.m. sharp,” the journalist wrote.

Under Article 550 paragraph 1 of Law No. 2017-20 on the new digital code of Benin adopted in 2018, the two defendants accused in this case of harassment through electronic communication could be sentenced from one month to two years imprisonment and a fine from five hundred thousand (500,000) to ten million (10,000,000) CFA francs.

The long-awaited trial, which was initially scheduled for Tuesday 30 November 2021, finally took place on Tuesday 7 December 2021 at the Court of Cotonou. The journalist Patrice Gbaguidi and Hervé Alladé, the owner of the media, who were prosecuted for harassment through electronic communication, have finally been sentenced to 6 months suspended prison and a fine of 500,000 FCFA.

Despite the decriminalisation of press offences, the media in Benin has for some years now been confronted with the new digital code, which, like a sword of Damocles, has created a climate of terror and self-censorship, and a fertile environment for the imprisonment and muzzling of journalists under the guise of fighting cyber-crime.

According to some critics, Benin’s decline from 78th to 114th in the Reporters Without Borders press freedom index is due to the use of the digital code to harass critical journalists and activists.  At least 17 journalists, bloggers and online activists, including Ignace Sossou, Casimir Kpedjo have been arrested and prosecuted over the past three years on the basis of the above-mentioned article.

In a statement, l’Union des Professionnels des Médias du Bénin – UPMB (Union of Media Professionals of Benin) said the first decision to imprison Patrice Gbaguidi and Hervé Alladé “once again undermines the provisions of the Information and Communication Code, which prohibits the use of custodial sentences against media professionals in the exercise of their profession, and reminds us of the need to step up efforts to review the Digital Code as soon as possible.”

The Media Foundation for West Africa (MFWA) welcomes the release of Patrice Gbaguidi and Hervé Alladé, both of Le Soleil Benin Info media, although they should not have been imprisoned in the first place. The MFWA therefore strongly denounces their conviction as a clear attempt to silence and intimidate critical and dissenting voices. Such actions are likely to push the latter into self-censorship.

We call on the Beninese authorities to put an end to the all-out intimidation and imprisonment of journalists on the basis of frivolous prosecutions, under the repressive provisions of the new digital code. This situation jeopardises the work of the media, undermines freedom of expression and the press and tarnishes the image of the Republic of Benin.

The MFWA expresses its solidarity with the two journalists and its support for the call by media actors and partners in Benin to put an end to the application of the digital code to press offences, especially when defamation is explicitly decriminalised in the press code.